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A taxpayer inquired whether the minimum allowance for descendants can be applied to a 34-year-old disabled child who does not live with them. The Directorate General of Taxes (DGT) explained that economic dependency substitutes for cohabitation, but proving such dependency is a matter of fact that must be substantiated before the Tax Administration.
Cuestión planteada Si puede aplicar el mínimo por descendientes.
La dependencia económica se asimila a la convivencia para el mínimo por descendientes, siempre que no se aplique el tratamiento de anualidades por alimentos. Para aplicar este mínimo, el descendiente debe tener discapacidad y no tener rentas anuales superiores a 8.000 euros. La concurrencia de la dependencia económica es una cuestión de hecho que debe probarse ante la Administración Tributaria.
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